Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-02-17
D0iNGS AT BIS MARcK.
Bad Feeling over the Court Issue
Defeat of the Weiser Bill.

Feeling over the Court Issue
Defeat of the Weiser BILL.
Bismarck, Feb. 15--In. the council
Weiser's bill providing that the rail
road commissioner shall have power to
designate sites on railroad rights of way
warehouses may be built on the
payment of an annual rent of 81, was
called up on motion of Collins, but, as
the result showed, to kill, not to pass it.
MIR. Collins referred to the recent decisi.
on of the supreme court of Minnesota as
indicating that the bill if enacted would
not be constitutional. He objected to
numbering the statute books with void
laws. McCumber was In favor of the
law ii 1t could be shown that it would
be constitutional, otherwise not. Weiser
defended his bill and lntimated that, in
his opinion, some reformers were more
interested In the welfare of corporations
than OF the people, and that the Doodle
car was out. Finally q vote was reached
and the bill was defeated by IL to 9.
While. perhaps, the same fate might
have ultimately oveftaken the bill under
any circumstances, it is pretty we'll
understood that Weiser's desertion of
his northern allies In the interest of
Yankton expedited matters. There is
q good deal of feeling over the matter,
aud the friends OF Mitchell say they
simply wanted to show that if Yaukton
hal gone into the merchandise business
she would have difficulty in delivering
the goods. The question is now what
will Weiser and Allen do?
The special order of the day. in the
house, Eiliotts oft deferred bill enIarg-
ing the power of the board of railroad
commissioners, was fought through the
committee Of the whole and eame'out
with an amendment attached, by con-
sent of its authors, and prepared by
Aikens, which that gentleman has since
concluded practically destroys its whole
intent. It provides in short that when
appeals are taken from the rates fixed
by railroad commissioners, the prevail
ing rates shall continue until the final
decision OF appeal, which may be five
years.
81 didn't see that point when the
amendment was under consideration"
said MI. Elliott, "but I see 1t now, and
shall move on that woodehuck to-mor-
row.
Representative Greene made a minori-
ty report on the bill and q good fight
against 1t, but it was q waste of effort.
When the bill was in committee of the
whole, and again after the report, Ste
wart of Fall River endeavored to have
it so amended as to provide for the cleo.
tion of the commissioners by the two
houses on joint session, but this was
voted down. The bill will probably come
mp for haal passage tomorrow. Mr..
Aikens made ne effort to conceal the
| notnra pf his apoo,lpoanA H., n.-,A
explained it, aud defended it on the
ground that without it the bill gave the
commissioners judicial powers, and was.
however, did not, at the moment, realize
the effect of the amendment, or he
would not have accepted it.
The house members are discussing
informally the plan which Is being deye.
Hoped IN the council to submit the ques-
tons of liq1or license aud division in all
counties next November. MIR. Fletcher,
chairman of the temperance committee
and author of the local option bill, said
/ am not prepared to say whether or
not | would favor the proposition. I
will say this, however, il the question of
division Is to be submitted, I want to see
o full vote brought out.
MIR. Fletcher is opposed to division.
MIR. Dcdds, o member of the Temperance
committee, could see this advantage:
1t would saw expense, and licenses
which had been granted would be
expiring about that time, which would
remove the objection to the provisions
OF the bill.
MI. Sprague, another member, had
not decided whether the amendment
| would be acceptable.
Gov. Church is expected tomorrow,
and an army OF Office seekers await his
arrival. Among the latter arrivals is
Ward of Sioux Falls, candidate for
treasurer. 1t is reported that John r,
Wilson of Dsadwood, who is understood
to have declined the attorney general
ship. is q candidate for the treasnrship.
1t is said that Gov. Church will some
what relieve the situation by sending in
one batch of appointments soon after
assuming the duties of Office, and the
balance later in the session. Unless he
adopts this course some candidates here
without passes will be compelled to
walk home. The general belief is that
the new executive will not adopt the
policy OF making clean sweep of re.
pnbiicans, but that he will appoint
democrats to the principal Offices, leav.
ing some of the less importent places to
republicans.
Two bills were introduced In the house
to-day prohibiting the collection Of more
than IL per cent interest on money. One
by Mr.. Hubbard, IS open to the same
objection as the existing law. in that it
makes usury q crime punishable with
imprisonment. The other. by Mallory,
the author of the bill repeating the pres,
emit section of the statute prohibiting
usury, provides:
Any promissory note, bill of exchange,
bond. mortgage or other contract for the
payment of money or property wherein
o greater rate of interest is taken or re-
served than 10 per cent shall BE avoid
from the beginning, and shall be- SO held
in all courts and places snd under all
circumstances.
Ths council to-day passed the house
bill repeating the usury law. The same
arguments we're effective there that we're
employed to secure the passage OF the
bill in the house, that because il defined
| the act OF accepting q higher rate OF
interest than that fixed by Law a mis-.
demeanor, il kept moHey out of the
country and brought about just what it
was intended to prevent. Such a bill as
that of Mallory. however, many believe
would be effective, and the chances of
its passage are. therefore. good.
Duiuth's Hlgh-Priced Property.
Duluth, Feb. l5-The largest price